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Biden Administration Challenges Court Order Restricting Social Media Contact

The Biden administration is contesting a court order that limits its communication with social media platforms regarding content moderation. The administration filed a motion Thursday seeking a stay of the preliminary injunction, arguing it causes "irreparable harm" by hindering collaboration on vital initiatives related to public safety and democratic processes. The injunction, issued by U.S. District Judge Terry Doughty, prohibits government agencies and officials from contacting social media companies to encourage, pressure, or induce the removal of protected free speech. The administration contends this restriction impedes its ability to address critical issues.

U.S. President Biden speaking with his hands up

President Joe Biden speaking at the US Capitol. (Credit: Jacquelyn Martin/AP/Bloomberg via Getty Images)

Judge Doughty's order stems from a lawsuit filed by Republican attorneys general in Missouri and Louisiana, alleging government coercion of social media companies to suppress information on topics ranging from COVID-19 vaccines to election integrity. The injunction, praised by conservatives as a free speech victory, prohibits any pressure on social media platforms to remove posts. The Justice Department has filed a notice of appeal and seeks to stay the order. White House Press Secretary Karine Jean-Pierre expressed disagreement with the decision but declined further comment. An administration official voiced concern about the injunction's potential impact on countering domestic extremism, a significant national threat, depending on the injunction's duration and platform actions.

Karine Jean-Pierre at briefing

White House Press Secretary Karine Jean-Pierre addressed reporters. (Credit: Drew Angerer/Getty Images)

The lawsuit claims government officials leveraged regulatory actions to influence social media platforms' content moderation decisions. The injunction and Judge Doughty's accompanying statement, comparing the administration's actions to an "Orwellian 'Ministry of Truth,'" have been celebrated by conservatives. While social media companies regularly remove content violating their internal standards, government compulsion is rare. The administration has previously argued the lawsuit aims to stifle the free speech rights of government officials. Judge Doughty has a history of ruling against the Biden administration, including blocking a COVID-19 vaccination mandate for healthcare workers. This mandate was later narrowed by the 5th U.S. Circuit Court of Appeals to cover only the 14 plaintiff states.

Hunter Biden Air Force One

Hunter Biden at Hancock Field Air National Guard Base. (Credit: REUTERS/Elizabeth Frantz)